Feedback: There are cases where juveniles deserve life in prison, but not all cases

Mar. 8, 2014

As a former assistant Wayne County prosecutor, I was assigned to the homicide unit, and before that to a federal Justice Department anti-gang task force. I tried many homicide cases. A number of murder defendants I prosecuted were juveniles. In fact, in 2011, when the U.S. Supreme Court issued its opinion on Miller v. Alabama, I was trying a multiple defendant murder case

Five defendants were all convicted of first-degree murder, torture, kidnapping and armed robbery. I argued that life without parole was the appropriate sentence in that case, even in light of Miller v. Alabama. Judge Ulysses W. Boykin of the Wayne County Circuit Court agreed and sentenced the juvenile defendant to life in prison.

My experience as a homicide prosecutor brought with it tremendous compassion for victims and the families of victims of such crimes. My experiences also taught me that there are times when young people act without thinking — with no contemplation, or perhaps even the ability to contemplate, the permanent significance of their conduct. In Miller v. Alabama, the Supreme Court recognized this fact and simply held that it was unconstitutional for a state to enforce a law requiring juvenile defendants to be automatically sentenced to life with no chance for parole. The court did not say they couldn’t be sentenced to life without parole. The Supreme Court simply recognized that children’s minds are not fully developed and that the prosecution must request a post-conviction hearing to prove to the court that the defendant’s conduct warrants a life sentence.

Crimes like murder do not destroy one family — but two. The family of the victim and the family of the perpetrator. You cannot fully understand this until you have seen, as I have, the mother of a murder victim being hugged by the mother of a defendant being sentenced for the crime as both women sob.

I have no problem with a process that passes the burden to the prosecution to prove that a juvenile defendant’s actions warrant leaving prison in a pine box without any chance for redemption. Our Founding Fathers wisely placed the burden on the state to prove beyond a reasonable doubt that a man’s liberty should be taken from him. I believe prosecutors should welcome that burden. As a society, we should protect crime victims and honor their loss. We should also respect and enforce the U.S. Constitution and the rule of law.

Winston Churchill said, “The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country.” The U.S. Supreme Court held only that we should not throw any child’s life away without due process of law. I agree with the Supreme Court.